Vehicle Control Services County Court Claim - Am I stuffed?

tbay07

Hi,

I realise there are a number of threads posted about this issue on here but most of the advice says to start a new thread with the particulars so here goes:

I got a private parking ticket back in November 2015 for not displaying my pass at work. My pass is just literally a piece of paper with my company's name on, not very 'official'. It amounted to 100 pounds, which I thought was excessive for a space I'm entitled to park in and just not showing my pass clearly. I appealed to the private company and never heard back.

That was until a year later, when I got two more parking charges on two consecutive days in November 2016 when I had a scarf on my chair that covered up my pass. I know this is my own fault and I should have had this pass displayed, however I then appealed these two charges together, explaining what had happened and I wrote this from my company email address, which I asked them to use as proof of my employment and therefore entitlement to park in that space. It's also worth noting I took a picture of signs up in the car park that contradict each other. One is from the parking fine company which says you must have a permit and another sign right next to it says the spaces are reserved for staff and visitors of my company. I'm not sure how visitors would have a valid permit.

I never heard back from my appeal, only to then receive (in February this year) a 'notice to take legal action' letter which I responded to informing the company I had an appeal in place and had not heard back. The next correspondence I got was another 'notice to take legal action' letter in May, by this point I was quite fed up and ignored it.

Until today, when I received a County Court Claim Form for the 300 pounds in charges as well as interest on top and court fees.

I know at least 5 other people in my office who have forgotten their passes, and my manager is currently in talks with someone to tr and put a stop to these fines being issued to employees.

I know I've made some basic errors (in hindsight) but things are tight financially at the moment and I really can't afford to pay what they're asking.

I suppose I'm looking to get advice on what to do next really.

1) Should I attend court and fight VCS
2) Should I get a solicitor
3) Should I attempt a settlement.

I'm so rubbish at this sort of thing. Any help would be great!

Thanks,

Tanya

Quentin

The newbies faq thread does cover dealing with a court claim. Go there now and first job is to file an acknowledgement of service - see the walkthrough for this linked in the FAQ


Then spend time on getting your defence together


And still get you on to your employer to get the tickets cancelled


Answers:
1) Yes


2 & 3) No

Redx

and NONE OF YOU has been issued with any "fines"

whoever told you they are "fines" is an idiot !!

they are invoices for "services rendered" , in this case invoices because VCS believe the drivers have broken the parking rules

at no time will VCS have said the word "fine" on any paperwork, its against the law to do so, they cannot pass themselves off as the authorities

ideally , you want the landholder/employer to write witness statements on your bahlf (and the others affected) supporting the will for no legal action to be taken

and please read post #2 of the NEWBIES sticky thread too

Lamilad

I took a picture of signs up in the car park that contradict each other. One is from the parking fine company which says you must have a permit and another sign right next to it says the spaces are reserved for staff and visitors

This is a crucial point. Signage is the medium by which they form a contract with you. It has to be ample, prominent and unambiguous. If you can establish in court that the signage is defective (as it would seem to be) then you argue that no contract has been formed and you have no liability.

I'd say you have a very winnable case.

Not sure how similar this thread is to your case but it may be worth a read...
http://forums.moneysavingexpert.com/showthread.php?t=5638268

nosferatu1001

Also, if you have permission from teh landholder (the company) to park, then you dont need any third part to come along and say THEY can offer you parking. Its a nonsense. They have no consideration

Do as told. ACKNOWLEDGE your claim ONLINE TODAY. Do it. Do NOT contest jurisdiction. Do NOT click "start defence" - absolutely nothing at all must be entered as your defence.

Please confrim DATE OF ISSUE. Once acknoweldged you have 28+5 days for the court to RECEIVE your defence - so if posting you must post two WORKING days before.

You then write your defence and post it here.

tbay07

I can't get onto the thread about acknowledgment of service as it's in Dropbox and can't access this at work. I can wait until a get home but in a nutshell what do I need to include in my acknowledgement? On the letter it has tick boxes that say

1. I intend to defend all of this claim
2. I intend to defend half of this claim
3. I intend to contest jurisdiction.

Also do I need to give me address? They sent this letter and the others to my work address- which I'm assuming they got because they admit I work here (and therefore am entitled to park here!)

Thanks for your help so far!

Tanya

System

I know at least 5 other people in my office who have forgotten their passes, and my manager is currently in talks with someone to tr and put a stop to these fines being issued to employees.

Sounds like "revenge" action. Have they been thrown off site?

waamo

tbay07 wrote: »

I can't get onto the thread about acknowledgment of service as it's in Dropbox and can't access this at work. I can wait until a get home but in a nutshell what do I need to include in my acknowledgement? On the letter it has tick boxes that say

1. I intend to defend all of this claim
2. I intend to defend half of this claim
3. I intend to contest jurisdiction.

Also do I need to give me address? They sent this letter and the others to my work address- which I'm assuming they got because they admit I work here (and therefore am entitled to park here!)

Thanks for your help so far!

Tanya

Option 1 and yes give your address, unless you want everything sent to your work.

tbay07

IamEmanresu wrote: »

Have they been thrown off site?

No, our company is part of a large corporation and we share the building with other companies too, so trying to get anything done about this is like pulling teeth! My manager is off at the minute as well so I can't even find out who he's currently complaining too, I may have to message him and find out before putting my defense together.

waamo

Do not delay acknowledging the claim otherwise you will get a default judgement against you.

tbay07

I managed to get on to the dropbox document and have now acknowledged the claim.

The Issue date on the letter is 2nd August 2017

Now to start my defense....I'm really not sure where to begin with this. Should I argue the poor signage and leave it at that or should I say I have a right to park in the space and feel £300 (3 fines of £100) is extortionate for forgetting my pass?

It may be worth noting that I've appealed to the company and haven't ever received confirmation that my claim was not successful, but have received notice of legal actions letters and then this claim.

Thank you all for your help so far!!